§ 20-102. Nonconforming uses and buildings.

(a)

Any building or premises lawfully existing or in use at the effective date of this article or of any pertinent amendment thereto, may be continued, subject to the following regulations:

(1)

Said nonconforming building or use may be continued if said building is a one-family building and is occupied by the owner or his family, or if said building is a two-family building where one (1) of the apartments or dwelling units is occupied by the owner or his family; provided, however, that said nonconforming building or use must nevertheless conform with and adhere to all of the provisions of this article except sections 20-171(1), 20-171(2), 20-174(1)c and 20-174(1)d.

(2)

A nonconforming building or use which does not fall within the categories of buildings delineated in subsection (a)(1) of this section may be continued only if said nonconforming building or use conforms with and adheres to all of the provisions of this article provided, however, that the Director of Health may exempt, in whole or in part, such a nonconforming building or use from sections 20-171(1), 20-171(2), 20-174(1)c and 20-174(1)d, if, in his opinion, compliance with these sections would be impractical or would create an extreme hardship, financial or otherwise, upon the owner of such a nonconforming building or use.

(b)

Any existing building devoted to a nonconforming use may be reconstructed and structurally altered only subject to the following regulations:

(1)

A nonconforming building shall not be added to or expanded unless the addition or expansion conforms with the provisions of this article.

(2)

A nonconforming building, if once changed into a conforming use, shall not be changed back again into a nonconforming use.

(3)

A nonconforming building which has been damaged by fire, explosion, accident, act of God or of the public enemy, or riot may be reconstructed to its condition immediately prior to such damage, provided that the cost of said reconstruction does not exceed fifty (50) percent of its fair market value. In the event that the cost of said reconstruction exceeds fifty (50) percent of the fair market value, said building may not be reconstructed unless it conforms to all of the provisions of this article.

(4)

A nonconforming building which has been abandoned for a period of one (1) year shall not thereafter be resumed.

(Code 1961, § 10-24; Ord. No. 241, 3-6-1979)